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2018 DIGILAW 321 (MP)

Sanjay v. State of MP

2018-03-16

S.K.AWASTHI

body2018
ORDER 1. This petition under section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), has been preferred for quashment of first information report in Crime No. 102/2017, registered at Mahila Thana, Indore, against the petitioner for offence punishable under sections 498A, 323, 506 of IPC and the consequent proceedings in Criminal Case No. RCT/3800718/2017 pending before the Court of Judicial Magistrate First Class, Indore. 2. The facts of the case, briefly stated, are that respondent No. 2- Smt. Tina Sinha, w/o Sanjay Sinha (petitioner), has filed a written complaint against the petitioner with regard to demand of dowry, infliction of harassment and cruelty upon her. On the basis of this complaint, FIR bearing crime No. 102/2017 was registered at Mahila Thana, Indore against the petitioner for offence punishable under sections 498A, 323 and 506 of IPC. On completion of investigation, challan has been filed for trial, however, during the pendency of the trial, on the basis of amicable settlement arrived at between Petitioner and respondent No. 2/complainant, filed an application under section 13(B) of Hindu Marriage Act, for dissolution of marriage on mutual consent, bearing Case No. 1549/2017, which is pending before the Principal Judge, Family Court, Indore. An application under section 320(2) of CrPC for compromise was also filed before the trial Court, however, offence punishable under section is not compoundable, therefore, the petitioner has filed the present petition for quashment of FIR and consequent criminal proceedings pending in Case No. RCT/3800718/2017 before the Court of Judicial Magistrate First Class, Indore. 3. It is submitted by learned counsel for the petitioner that both the parties have filed compromise application in this present petition also and the same has been duly verified by the Principal Registrar, Bench at Indore. It is further submitted that considering the fact that the parties have arrived at a peaceful settlement thus, the continuance of proceedings before the Court with regard to offence under sections 498A, 323, 506 of IPC will amount to sheer wastage of valuable time of the Court and will also result in harassment to the parties. 4. It is not disputed by learned Public Prosecutor as well as the learned counsel for the respondent No. 2 that amicable settlement has been arrived at between the parties, pursuant to which a compromise petition was also filedbefore the trial Court. 5. 4. It is not disputed by learned Public Prosecutor as well as the learned counsel for the respondent No. 2 that amicable settlement has been arrived at between the parties, pursuant to which a compromise petition was also filedbefore the trial Court. 5. Though the offence punishable under section 498A of IPC is not compoundable, however in the case of B.S. Joshi and Ors. v. State of Haryana [2003(I) MPWN 145(SC)= (2003)4 SCC 675 ], the Hon'ble apex Court has clearly held that when the husband and wife have arrived at amicable and peaceful resolution of their disputes then continuation of proceedings is nothing but wastage of time and may also unsettle the compromise and peaceful settlement arrived at between husband and wife. 6. The Hon'ble apex Court in the case of Central Bureau of Investigation vs. Sadhu Ram Singh and ors. [ 2017(I) MPWN 120 (SC)= (2017) 5 SCC 350 ], while considering the exercise of inherent powers under sections 482 and 320 of CrPC, has upheld the quashment of non-compoundable offences, pursuant to settlement arrived at by the parties, holding that exercise of judicial restraint vis-a-vis continuance of criminal proceedings after compromise arrived at between the parties, may amount to abuse of process of Court and futile exercise. Taking into account the law laid down by Hon'ble apex Court, in the opinion of this Court, as the compromise between the parties was arrived at between the parties, thus, continuation of the prosecution in such matters will be a futile exercise, which will serve no purpose. Under such a situation, section 482 of 'the Code' can be justifiably invoked to prevent abuse of process of law and wasteful exercise by the Courts below. More so, offence in question are not against the society, but merely affect the victim. 7. In the instant case, considering the fact that the parties have arrived at settlement and looking to the dictum of the apex Court in B.S. Joshi and ors.'case (supra), it would be in the interest of justice to quash the FIR bearing Crime No. 102/2017 for offence under sections 498A, 323, 506 of IPC and the consequent proceedings in Case No. RCT/3800718/2017 pending before the Court of Judicial Magistrate First Class, Indore. 8. 8. Accordingly, the petition is hereby allowed and the first information report in crime FIR bearing Crime No. 102/2017 with regard to offence under sections 498A, 323, 506 of IPC and the consequent proceedings in Case No. RCT/3800718/2017 pending before the Court of Judicial Magistrate First Class, Indore against the petitioner- Sanjay Sinha, are hereby quashed.